From 30 January 2023, a new pilot scheme – the Reporting Pilot Scheme – has been put in place that will allow journalists to report on what happens in Family Courts.
The reporting scheme forms part of a long-awaited pilot to improve transparency in the Family Court justice system.
The scheme, which will run for one year, will take place in Leeds, Cardiff, and Carlisle and will be subject to independent evaluation.
According to the guidance released on the Reporting Pilot scheme:
- In the designated Family Courts, it will allow accredited journalists and ‘legal bloggers’ (‘duly authorised lawyers’ for the purposes of Family Procedure Rules 2010) to report on what they see and hear (known as “the transparency principle”). They will be issued with a “transparency order” and provided with relevant Court papers.
- All reporting from the proceedings will be subject to the principles of protection of the privacy of any children unless it is otherwise ordered by the Judge (referred to as “the anonymity principle”).
- The Court is permitted to depart from the transparency principle in any case it chooses. Additionally, where a reporter is attending a hearing (remotely or in person) it will consider whether to make a Transparency Order. When deciding whether to restrict reporting, the Court must:
- “…ensure the rights of the family and parties to a fair trial under Article 6 ECHR and must balance the rights to a private and family life under Article 8 ECHR, and the rights of the press, public and parties under Article 10 ECHR (or any other relevant rights which may be engaged).”
The designated reporters will be allowed to name local authorities in care proceedings, the Director of local Children’s Services, the legal representatives involved in the case, and the experts appointed by the Family Court. However, reporters will not be able to reference the names of social workers (unless permitted by the Court), any medical professionals treating the children of relevance to the case, and/or any family members involved.
The cities chosen for the scheme, as mentioned above, have been selected:
“to ensure a representative mix for sampling and evaluation, a mix of rural and urban communities.”
Another key change of significance is that lay parties will be allowed to speak with journalists and give anonymous interviews. This isn’t allowed under law, as a person could be found in contempt of Court for doing so.
Commenting on the introduction of the reporting scheme in the Family Courts, the President of the family division, Sir Andrew McFarlane, said the move was a “really big change”. Adding that for a long-time the problem of making the Family Courts more of a public space had “sat in the too difficult box” due to the challenge of “squaring the circle” of improving public confidence while keeping the anonymity of children and parents.
Sir McFarlane said that the scheme may be introduced to every Family Court in England and Wales after it was evaluated by an outside agency.
Further details of the Family Court reporting scheme can be found here.
2021 Transparency in the Family Courts report
The pilot scheme follows a 2021 report written by Sir Andrew McFarlane – ‘Transparency in the Family Courts’. The report, which followed an extensive review, focused on improving public confidence in the Family Justice system, whilst, at the same time, maintaining the anonymity of the parties (families and children) who use it.
The report concluded that the media should be allowed to report on Family Court proceedings more fully and said that there needed to be “a major shift in culture” to increase transparency and public confidence in the system.
The report recommended reforms to the automatic statutory reporting restrictions on Court proceedings (as outlined in Section 12 of the Administration of Justice Act 1960), which essentially stops the reporting of most family cases without the permission of the presiding Judge.
The report also proposed that more Family Court judgments should be published and that there needs to be greater communication between Judges and the ‘compulsory’ collection of case data.
In his report, Sir Andrew McFarlane wrote:
“My overall conclusion is that the time has come for accredited media representatives and legal bloggers to be able, not only to attend and observe family Court hearings, but also to report publicly on what they see and hear. Reporting must be subject to very clear rules to maintain both the anonymity of the children and family members who are before the Court, and confidentiality with respect of intimate details of their private lives. Openness and confidentiality are not irreconcilable, and each is achievable. The aim is to enhance public confidence significantly, whilst at the same time firmly protecting continued confidentiality.”
Comment
As noted by the President of the Family Division in his initial report, there needs to be greater transparency in family proceedings. Allowing reporters and legal bloggers into Court must be seen as a step forward, subject to appropriate protections for any child who is subject to the proceedings.
The Family Court is often seen as the secret Court. Decisions are being made behind closed doors without the public seeing what is going on as the media are not routinely allowed to report.
Last year, a case we were involved in – Griffiths v Tickle – partly concerned itself with the subject of transparency in family proceedings and publication. The case concerned our client, Kate Kniveton MP, who was represented by Melanie Bridgen from our Family Law team, and her ex-husband, Andrew Griffiths, a former minister who raped and abused her during the marriage. This case is so important it has been shortlisted for the case of the year in two prestigious national legal awards – the Family Law Awards and the Lexis Nexis Awards.
If the press is allowed to report on what is happening in family proceedings this will hopefully empower the public in their own decision-making when faced with the breakdown of a relationship, abuse, or conflict over the arrangements for their children.
The introduction of the reporting scheme is very much welcomed, and it should be regarded as a positive step forward.
How Nelsons can help
Melanie Bridgen is a Partner in our expert Family Law team, who strives to empower and achieve the best outcome for her clients.
At Nelsons, we have a team of specialist solicitors in Derby, Leicester, or Nottingham who are experienced in advising on a wide range of Family Law matters.
If you have any family law-related queries, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide along with details of our hourly rates and fixed fee services.
Please contact Melanie or another member of the team on 0800 024 1976 or via our online enquiry form.
Contact us